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<br />MENT AND EASEMENT
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<br />[WATER DETENTION FACILITY
<br />LnA
<br />KNOW ALL MEN BY THESE PRESENTS:
<br />Ab.-5 0
<br />That INDIAN HEAD GOLF CLUB INC. hereinafter referred to as "GRANTOR ", for and in consideration of the sum of ten and
<br />no /I00ths dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, does hereby grant and
<br />convey to THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY hereirutfter referred to as "GSS", and to its
<br />successors and assigns, a permanent easement to access, inspect and maintain, if necessary, the storm water detention facility
<br />constructed by the GRANTEE in the event that the GRANTOR does not adequately and effectively maintain the storm water
<br />detention facility, and appurtenances thereto, in throughout, on and under the parcel of land depicted on Exhibit "A ", and to retain
<br />the storm water present to the extent needed to meet the required storage volume required by the City of Grand Island and hereinafter
<br />referred to as "DETENTION EASEMENT".
<br />The scope and purpose of the foregoing permanent easement is to grant GSS (i) ability to access, inspect, maintain, if necessary, the
<br />storm water detention facility constructed by GSS and maintained by the GRANTOR within the DETENTION EASEMENT
<br />including all necessary and related appurtenances, and (ii) the detention of storm water runoff, which acts of GSS will not relieve
<br />GRANTOR of it's primary responsibility to maintain the same.
<br />TO HAVE AND TO HOLD unto "GSS ", its successors and assigns.
<br />The GRANTOR may, following construction of such storm water detention facility, continue to use the surface ofthe "DETENTION
<br />EASEMENT" including all other purposes subject only to the right of "GSS" to use the same for the purpose herein expressed.
<br />It is further agreed as follows:
<br />That no buildings, improvements, or other structures shall be placed in, on, over, or across the "DETENTION
<br />EASEMENT" by GRANTOR, or its successors and assigns without the expressed approval of GSS except however by landscaping,
<br />lawn irrigation systems, roads, sidewalks, parking area surfacing, packing lot lighting, communication duct banks, pneumatic
<br />communication tubes, sanitary sewer service crossings and pavement may be installed in the area of the DETENTION EASEMENT
<br />if there is no potential storm water displacement. Such permitted improvements shall be maintained by the GRANTOR and its
<br />successors and assigns.
<br />That GSS shall cause the DETENTION EASEMENT to be left in a neat and orderly condition if it enters the same. This
<br />Easement is also for the benefit of any contractor, agent, employee, or representative of GSS.
<br />That said GRANTOR for itself and its successors and assigns does confirm with GSS and its successors and assigns, that
<br />the GRANTOR is seized in fee of the DETENTION EASEMENT and that it has the right to grant and convey this easement in the
<br />manner and form aforesaid, and that it will warrant and defend this DETENTION EASEMENT to the GSS and its successors and
<br />assigns against the lawful claims and demands of all persons_ This permanent DETENTION EASEMENT runs with the land.
<br />That this DETENTION EASEMENT is granted upon the condition that GSS may remove or cause to be removed all
<br />presently existing improvements thereon, including but not limited to, crops, vines, and trees within the DETENTION EASEMENT
<br />as necessary for maintenance.
<br />GSS agrees to maintain the storm water detention facility for a period of one year after completion of construction.
<br />Thereafter GRANTOR and its successors and assigns does hereby agree to mow and perform routine maintenance of the detention
<br />facility as needed. GSS shall have the right to perform preventative and scheduled maintenance of such detention facility as needed
<br />to assure proper operation of the facility. GRANTOR shall provide temporary right -of -way and access easements to GSS upon
<br />written proper notice in order for GSS to perform such maintenance. Said temporary easements and right -of - -way shall be at no
<br />cost to GSS.
<br />That the parties and their assigns indemnify and hold each other harmless from claims, including reasonable attorney's fees,
<br />for negligent acts and omissions in the use of the Detention Easement and will carry appropriate general liability insurance naming
<br />the other party to cover said claims.
<br />That this DETENTTON EASEMENT contains the entire agreement of the parties: that there are no other different
<br />agreements or understandings between the GRANTOR and GSS, and that GRANTOR, in executing and delivering this
<br />DETENTION EASEMENT, has not relied upon any promises, inducements or representation of GSS or its agents or employees,
<br />except as are set forth herein:
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